COLUMBUS – The Ohio Supreme Court has set a speedy schedule to hear an elections lawsuit filed by the Ohio Democratic Party challenging the decision by Secretary of State Frank LaRose to move the primary to June 2.
The action claims that power rests only with the Legislature.
The court wants all arguments and counterarguments filed by March 27 and no time extensions will be granted.
NEW → We're taking legal action to preserve the #OhioPrimary election and protect Ohioans' right to vote #OHVotes https://t.co/JVTddhgIXK
— Ohio Dems (@OHDems) March 17, 2020
“Yesterday’s actions did not create unchecked authority with the governor or secretary of state to run a new election. So authority for a new election must come from the legislature or from a court. Today’s action seeks that court order, preserving the primary while also proposing a more workable window for the election to take place, along with multiple opportunities and a reasonable amount of time for voters to vote.” -Ohio Democratic Party Chairman David Pepper
Republican Gov. Mike DeWine announced the decision late Monday after a judge ruled against his request that in-person voting be delayed to avoid crowding at polling places.
Politicians on both sides of the aisle are expressing frustration after the primary was postponed because of coronavirus concerns.
DeWine and Republican Secretary of State Frank LaRose defended their action in a statement Tuesday night, saying it saved lives and will allow both absentee ballots and in-person voting.
“By preventing Ohioans from going to polling locations, we averted a situation which would have gone against the most recent scientific evidence available and could have dangerously advanced the spread of coronavirus across Ohio. It is abundantly clear that it would have been impossible to carry out a fair, accessible, and safe election.” -Gov. Mike DeWine and Secy of State Frank LaRose joint statement
Ohio House Democratic Leader Emilia Strong Sykes (D-Akron) issued a statement Tuesday afternoon accusing LaRose of lying to voters by telling them they could still file absentee ballots.
“As the governor has noted, and state law requires, only the legislature or the court has the power to set or change the election date and thus far, neither entity has done that. Yet LaRose continues to suggest people can continue to vote absentee in direct violation of state law. This too is wrong,” Strong-Sykes said
DeWine says postponing the election until June 2 gives Ohioans time to vote and for the ballots to be counted early enough for the major parties to assign delegates to their presidential nominating conventions.
“We all should be in favor of ample opportunity for every Ohio citizen to vote. That’s kind of the bottom line as we talk to the state Legislature, as we talk to the courts,” DeWine said at a Statehouse briefing Tuesday.
A state Supreme Court ruling early Tuesday allowed the state to close polling places but it would require an act of the General Assembly or a court ruling to set a new date for Ohio’s presidential primary.